BARR v. WACKMAN


36 N.Y.2d 371 (1975)

Abraham Barr, Respondent, v. Kenneth B. Wackman et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 1, 1975.


Attorney(s) appearing for the Case

Thomas A. Butler, Edward F. Beane and Raymond Fitzgerald for appellants.

Robert M. Kornreich and Benedict Wolf for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Chief Judge BREITEL taking no part.


FUCHSBERG, J.

Plaintiff brought this shareholder's derivative action without first making a demand upon the corporation's board of directors to secure initiation of an action in favor of the corporation or otherwise to remedy the acts of which he complains. He alleges that a demand would have been futile because the board of directors participated in, authorized and approved the challenged acts and its members...

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